Satnam Das Alias Satyanam Das vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 8491 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 3395 of 2022
 

 
Applicant :- Satnam Das Alias Satyanam Das
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. Lko And 2 Others
 
Counsel for Applicant :- Kapil Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Jyotindra Misra, learned Senior Advocate, assisted by Sri Kapil Misra, learned counsel for the petitioner and Sri Rao Narendra Singh, learned AGA.

2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning orders dated 18.11.2010 and 7.10.2021 as well as order of non -bailable warrant dated 1.12.2021 passed by the Special Judge (Gangster Act), District Faizabad in Criminal Case No.298 of 2010 (State of U.P. Vs. Baba Ramdev Dass), arising out of Case Crime No.1211 of 2009, under Section 3(1) of the U.P. Gangster and Anti-social Activities (Prevention) Act, Police Station Kotwali Ayodhya, District Faizabad.

3. Learned counsel for the applicant submits that this application may be disposed of with a direction to the learned Magistrate concerned to consider bail application of the applicant in light of judgment rendered by the Supreme Court in Criminal Appeal No.929 of 2021 (Aman Preet Singh Vs. C.B.I. Through Director).

4. I have considered the submissions advanced by the learned counsel for the applicant as well as the learned AGA, representing respondent-State.

5. The Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra) has inter alia held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

6. In view of submissions advanced on behalf of the applicants, this application is disposed of with a direction to the applicant to surrender before the trial Court within a period of ten days from today and apply for regular bail and, if the applicant does so, his bail application shall be considered in light of the judgment passed by the Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra).

Order Date :- 28.7.2022

Rao/-